Macon v. New York State Board of Parole

— In a proceeding pursuant to CPLR article 78 to review a determination of the New York State Board of Parole, dated October 1990 which, after a parole release hearing, denied the petitioner release on parole, and to compel the New York State Board of Parole to release the petitioner, the appeal is from an order of the Supreme Court, Westchester County (Rosato, J.), entered May 8, 1991, which granted the petitioner’s motion for reargument, in effect, vacated a judgment of the same court entered January 21, 1991, annulled the determination, and directed his release on parole.

Ordered that the…